Judicial Branch

Original Jurisdiction

Refers to a court's authority to hear a case first (e.g., federal district courts, Supreme Court in cases involving states or ambassadors).

Appellate Jurisdiction

The authority to review decisions made by lower courts (e.g., courts of appeals, Supreme Court in most cases).

Dissenting Opinion

Written by justices who disagree with the majority decision, explaining their reasoning.

Concurring Opinion

Agrees with the majority's outcome but offers different legal reasoning.

Court of Appeals

Intermediate federal courts that review cases from district courts, primarily focusing on legal errors rather than new evidence.

Federal District Court

The lowest level of the federal judiciary, where trials occur, and cases are heard with juries and evidence.

Court-Packing

The idea of expanding the number of Supreme Court justices, most notably proposed by FDR in 1937 to secure favorable rulings for New Deal legislation.

Judicial Review

The power of courts to declare laws or executive actions unconstitutional, established in Marbury v. Madison (1803).

Judicial Activism

When judges interpret the Constitution broadly to address contemporary issues, often striking down laws.

Judicial Restraint

Emphasizes strict adherence to precedent and the Constitution's text, avoiding broad rulings.

Rule of Four

The Supreme Court will hear a case if at least four justices agree to grant a writ of certiorari (review the lower court's decision).

Writ of Certiorari

An order from a higher court (usually the Supreme Court) directing a lower court to send up the case records for review.

Writ of Mandamus

A court order requiring a government official to perform a duty (e.g., the failed attempt in Marbury v. Madison to force the delivery of judicial commissions).

Stare Decisis

When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court's decision.

Amicus Curiae

"Friend of the court" briefs filed by outside parties (interest groups, government agencies) offering legal arguments to influence court decisions.

Senatorial Courtesy

A tradition where the president consults senators from a nominee's home state before appointing federal judges.

Judiciary as the 'Least Dangerous' Branch

Alexander Hamilton argued in Federalist No. 78 that the judiciary lacks enforcement power ('neither sword nor purse') and relies on the executive and legislative branches to uphold rulings.

Life Tenure for Federal Judges

To ensure judicial independence, preventing political pressure or influence from elections.

Court Enforcement of Decisions

The Court relies on the executive branch (e.g., presidential enforcement) and public compliance.

Confirmation Process for Federal Judges

The president nominates, the Senate Judiciary Committee holds hearings, and the full Senate votes on confirmation (simple majority needed).

Judges Selection in Georgia

They are elected in nonpartisan elections. However, governors can appoint judges when vacancies arise, giving political influence over the judiciary.

Legal Model of Judicial Decision-Making

Judges decide based on the law and precedent.

Attitudinal Model of Judicial Decision-Making

Decisions reflect personal ideology.

Strategic Model of Judicial Decision-Making

Judges consider political and institutional constraints.

Guidelines for Supreme Court Case Selection

Cases involving constitutional issues, national importance, conflicts between lower courts, or those with unresolved legal questions.

Test Cases

Legal challenges used to set a precedent (e.g., Brown v. Board).

Interest Groups and Test Cases

Interest groups finance test cases to push for policy change through the courts.

Partisan Behavior of Judges

Most likely in high-profile, politically charged cases (e.g., elections, social issues) and during confirmation battles when appointed by politically motivated presidents.